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Proposed Unsponsored TLD Agreement: Appendix L (.name)

(3 July 2001)


Registration Restrictions

0. Naming Conventions

(a) Domain Names. Domain names in the .name TLD will be registered (other than to the Registry Operator) only at the third level, in the format <first name>.<last name>.name or <last name>.<first name>.name.

(b) SLD E-Mail Addresses. SLD E-mail addresses in the .name TLD will be registered in the format <first name>@<last name>.name or <last name>@<first name>.name. These are referred to in this Appendix as "SLD E-mail."

(c) Defensive Registrations. Second-level Defensive Registrations consist of a wildcard for the third-level label, a valid second-level label, and the top-level label .name, in the format <any string>.<Defensive Registration>.name. Third-level Defensive Registrations consist of a valid third-level label, a wildcard for the second-level label, and the top-level label .name, in the format <Defensive Registration>.<any string>.name. Combined second- and third-level Defensive Registrations follow the format requirements for registered domain names.

(d) Naming Restrictions in Other Parts of the Registry Agreement. All domain names and SLD E-Mail addresses must meet the requirements in the Registry Agreement and its appendices. Relevant appendices include Appendix C (Functional Specifications), Appendix F (Registry-Registrar Agreement), Appendix K (Names Reserved from Registration), this Appendix L, Appendix M (Enforcement of Registration Restrictions) and Appendix X (Names Registered to Registry Operator).

(e) Prohibited Third-Level Labels. The following words and strings may not be registered as (i) the third level domain name in a domain name registration, (ii) the user name in an SLD E-mail registration, or (iii) the third level of a Defensive Registration: dir, directory, email, genealogy, http, mail, mx, mx[followed by a number from 0 to 100], ns, ns[followed by a number from 0 to 100], wap, www and www[followed by a number from 0 to 100]. However, names having third-level labels that include any of the foregoing words and strings may be registered, such as dirk.smith.name.

(f) Prohibited Second-Level Labels. Second level labels consisting entirely of numbers or a combination of numbers and hyphens may not be registered as part of a domain name, SLD E-mail address, or Defensive Registration.

(g) Enforcement. The Registry Operator shall implement technical measures reasonably calculated to enact the requirements in this Section 0 of this Appendix.

1. Personal Name Registrations

(a) Definition of Personal Name. For the purposes of this Appendix, a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

(b) Eligibility Requirements. Personal Name domain name and SLD E-mail registrations in the Registry TLD (collectively, "Personal Name Registrations") will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the landrush procedures in connection with the opening of the Registry TLD. The following categories of Personal Name Registrations may be registered:

(i) The Personal Name of an Individual. Any person can register his or her own Personal Name.

(ii) The Personal Name of a Fictional Character. Any person or entity can register the Personal Name of a fictional character if that person or entity has trademark or service mark rights in that character's Personal Name.

(iii) Additional Characters. In registering a Personal Name Registration, registrants may add numeric characters to the beginning or the end of their Personal Name so as to differentiate it from other Personal Names. For example, in the event that John Smith unsuccessfully attempts to register john.smith.name, he may seek to register an alternative, such as john.smith1955.name or john1955.smith.name.

All Personal Name Registration must meet the foregoing requirements (the "Eligibility Requirements").

(c) Challenges to Personal Name Registrations. Any third party may challenge a Personal Name Registration on the basis that it either (i) does not meet the Eligibility Requirements, or (ii) violates the UDRP.

(i) Challenges via the ERDRP. Challenges to Personal Name Registrations on the basis that they do not meet the Eligibility Requirements may be made pursuant to the Eligibility Requirements Dispute Resolution Policy, as described in Appendix M (the "ERDRP"). If the outcome of the challenge holds that the Personal Name Registration does not meet the Eligibility Requirements, then (1) if the challenger meets the all the Eligibility Requirements, then the challenger may have the Personal Name Registration transferred to him or her, or (2) if the challenger does not meet all Eligibility Requirements, then the challenger will be offered an opportunity to register the same combined second and third level name as a Defensive Registration, as such term is described in Section 2 below.1

(ii) Challenges via the UDRP. A challenge to a Personal Name Registration that is a domain name will be subject to the Uniform Domain Name Dispute Resolution Policy, as adopted by ICANN (the "UDRP"),2 if it is based on a claim that:

(1) The domain-name registration is identical or confusingly similar to a trademark or service mark in which the challenger has rights;

(2) The registrant has no rights or legitimate interests in respect of the domain-name registration; and

(3) The domain-name registration has been registered and is being used in bad faith.

(iii) Relationship of the ERDRP and the UDRP. The failure of a challenge under either the ERDRP or the UDRP shall not preclude the same challenger from submitting a challenge under the other of the two policies, subject to the provisions of each policy.

(iv) Role of Registry Operator. Violations of the Eligibility Requirements or the UDRP will not be enforced directly by or through Registry Operator. Registrants will agree to be bound by the ERDRP and the UDRP in their registration agreements with registrars. Registry Operator will not review, monitor, or otherwise verify that any particular Personal Name Registration was made in compliance with the Eligibility Requirements or the UDRP. Proceedings under the ERDRP and UDRP must be brought in accordance with the policies and procedures set forth in Appendix M.

(v) Role of ICANN-Accredited Registrar. The ICANN-Accredited Registrar sponsoring a Personal Name Registration shall be responsible for (1) ensuring that all registrants agree to be bound by the ERDRP and the UDRP and (2) implementing remedies under the ERDRP and UDRP according to the terms of those policies. That registrar shall be the primary contact for all disputes relating to such Personal Name Registration and shall be responsible for communicating any instructions from a dispute resolution provider to Registry Operator.

(d) Registration Agreement. All Personal Name Registrations will be granted pursuant to an electronic or paper registration agreement with an ICANN-Accredited Registrar, in accordance with Appendix F.

2. Defensive Registrations

(a) Phase I and Phase II Defensive Registrations. Defensive Registrations may be registered in two phases. Defensive Registrations registered during the first phase are referred to hereafter as "Phase I Defensive Registrations" and Defensive Registrations registered during the second phase are hereafter referred to as "Phase II Defensive Registrations." For the purposes of this Appendix, "Defensive Registrations" means, collectively, Phase I Defensive Registrations and Phase II Defensive Registrations.

(b) Phase I Defensive Registrations Eligibility Requirements.

(i) Phase I Defensive Registrations may only be made for strings that are identical to the textual or word elements, using ASCII characters only, of valid and enforceable trademark or service mark registrations having national effect that issued prior to April 16, 2001, subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD. Only the owner of such a trademark or service mark registration may register a Defensive Registration on that trademark or service mark. Trademark or service mark registrations from the supplemental or equivalent registry of any country, or from individual states or provinces of a nation, will not be accepted. Subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD, if a trademark or service mark registration incorporates design elements, the ASCII character portion of that mark may qualify to be a Phase I Defensive Registration.

(ii) Where there is a space between the textual elements of a registered mark, the Phase I Defensive Registration registrant (a "Phase I Defensive Registrant") may elect at its discretion to replace the space with a hyphen, combine the elements together to form a continuous string, or register the mark as a combined second and third level Defensive Registration. Where there are multiple spaces between three or more textual elements of a registered mark, the foregoing sentence applies to each such space. However, where a registered mark is registered as a combined second and third level Defensive Registration, the delineation between the second and third levels must correspond to a space between the textual elements of the mark.

Thus, for example, the registered mark "Sample Mark" could be registered as any or all of the following:

(1) <any string>.samplemark.name;

(2) <any string>.sample-mark.name;

(3) samplemark.<any string>.name;

(4) sample-mark.<any string>.name;

(5) samplemark.samplemark.name;

(6) sample-mark.samplemark.name;

(7) samplemark.sample-mark.name;

(8) sample-mark.sample-mark.name; or

(9) sample.mark.name.

Each such Defensive Registration would be subject to a separate Defensive Registration fee, as set forth in Appendix G.

Phase I Defensive Registrations in formats 5-8 above must use the same registered mark for both the second and third levels.

However, such mark could not be registered as, for example, sam.plemark.name during the Phase I Defensive Registration period. Such a registration may be made as a Phase II Defensive Registration, as described below.

(iii) In addition to the information provided by all Defensive Registration registrants (each a "Defensive Registrant") as described in Section 2(d)(iii), the Phase I Defensive Registrant must also provide (1) the name, in ASCII characters, of the trademark or service mark being registered; (2) the date the registration issued; (3) the country of registration; and (4) the registration number or other comparable identifier used by the registration authority.

(iv) Neither the Registry Operator nor the ICANN-Accredited Registrars will review the information provided by the Phase I Defensive Registrant prior to issuing a Phase I Defensive Registration.

(v) Phase I Defensive Registrations may not be transferred, except in connection with a transfer of the underlying trademark or service mark registration.

(vi) A Phase I Defensive Registration may not be converted into a Phase II Defensive Registration.

(c) Phase II Defensive Registrations Eligibility Requirements. Phase II Defensive Registrations may be requested by any entity for any string or combination of strings.

(d) Common Defensive Registration Eligibility Requirements.

(i) There are three levels of Defensive Registrations, each of which is subject to payment of a separate fee as set forth in Appendix G:

(1) Second level Defensive Registrations -- in the form of <any string>.<Registration>.name;

(2) Third level Defensive Registrations -- in the form of <Registration>.<any string>.name;

(3) Combined second and third level Defensive Registrations -- in the form of <Registration1>.<Registration2>.name.

(ii) Multiple persons or entities may obtain identical or overlapping Defensive Registrations upon payment by each of a separate registration fee.

(iii) The Defensive Registrant must provide contact information, including name, e-mail address, postal address and telephone number, for use in disputes relating to the Defensive Registration. This contact information will be provided as part of the Whois record for the Defensive Registration, as described in Appendix O.

(iv) A Defensive Registration will not be granted if it conflicts with a then-existing Personal Name Registration or other reserved word or string.

Thus, for example, if the domain name jane.smith.name has already been registered, then a second level Defensive Registration will not be granted for <any string>.smith.name. Similarly, if the SLD E-mail address jane@smith.name has already been registered, then a third level registration may not issue for jane.<any string>.name.

(e) Agreement of Defensive Registrant. All Defensive Registrations will be granted pursuant to an electronic or paper registration agreement with an ICANN-Accredited Registrar, in accordance with Appendix F, in which the Defensive Registrant agrees to the following:

(i) The Defensive Registration will be subject to challenge pursuant to the ERDRP.

(ii) If the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees.

(iii) If a challenge is successful, then the Defensive Registration will be subject to the procedures described in Section 2(h) of this Appendix.

(f) Effect of a Defensive Registration.

(i) Defensive Registrations will not resolve within the DNS.

(ii) The term for any Defensive Registration will be ten (10) years. In the event of a transfer of a Defensive Registration between ICANN-Accredited Registrars, the term of the Defensive Registration shall be extended by one year, in exchange for a transfer fee equal to one tenth of the then-current fee for a ten year Defensive Registration, as described in Appendix G.

(iii) A second level Defensive Registration will prevent a Personal Name Registration that uses the same string at the second level.

Thus, for example, a second level Defensive Registration for example.name will prevent a third party from registering <any string>.example.name or <any string>@example.name.

However, a second level Defensive Registration will not prevent a Personal Name Registration that uses the same string at the third level.

Thus, for example, a second level Defensive Registration for example.name will not prevent a third party from registering example. <any string>.name or example@<any string>.name.

(iv) A third level Defensive Registration will prevent a Personal Name Registration that uses the same string at the third level.

Thus, for example, a third level Defensive Registration for example.<any string>.name will prevent a third party from registering example.<any string>.name or example@<any string>.name.

However, a third level Defensive Registration will not prevent a Personal Name Registration that uses the same string at the second level.

Thus, for example, a third level Defensive Registration for example.<any string>.name will not prevent a third party from registering <any string>.example.name or <any string>@example.name.

(v) A combined second and third level Defensive Registration is the most limited type of Defensive Registration in that it will only prevent Personal Name Registrations with the identical combined strings.

Thus, for example, a combined second and third level Defensive Registration for example1.example2.name will prevent a third party from registering only example1.example2.name or example1@example2.name.

It will not prevent a third party from registering any of the following:

(1) example1.<any string other than example2>.name or example1@<any string other than example2>.name;

(2) <any string other than example1>.example2.name or <any string other than example1>@example2.name; or

(3) example2.example1.name or example2@example1.name.

(vi) Defensive Registrations prevent only Personal Name Registrations that consist of the identical string at the corresponding level. Personal Name Registrations that only partially match a Defensive Registration will not be prevented.

Thus, for example a second level Defensive Registration for example.<any string>.name will not prevent a third party from registering examplestring.<any string>.name as a Personal Name Registration.

(vii) Any registrar that seeks on behalf of its customer to register a Personal Name Registration that is the subject of a Defensive Registration will receive an electronic notice that the domain name and SLD E-mail address are blocked by a Defensive Registration. This notice will also provide contact information for the Defensive Registrant(s). If the person or entity wishes to pursue the Personal Name Registration despite the Defensive Registration, the person or entity will have the following options:

(1) seek consent directly from the Defensive Registrant(s), or

(2) challenge the Defensive Registration pursuant to the ERDRP.

(g) Voluntary Cancellation or Consent by Defensive Registration Holder.

(i) A Defensive Registration may be cancelled by the Defensive Registrant through the sponsoring registrar at any time. Registry Operator will not refund registration fees in the event of such a cancellation. In the case of multiple or overlapping Defensive Registrations, cancellation by one Defensive Registrant shall not affect the other Defensive Registrations.

(ii) The Defensive Registrant may consent to the registration of a domain name that conflicts with such Defensive Registration, as follows:

(1) Upon receiving a request for consent from a person or entity seeking to register a Personal Name Registration that is the subject of the Defensive Registration, the Defensive Registrant must grant or refuse such consent, in writing, within five (5) calendar days.

(2) If a Defensive Registrant fails to either grant or refuse consent as described in this Subsection within five (5) calendar days of receipt of the request, the Defensive Registrant shall be deemed to have denied consent to the Personal Name Registration.

(3) Such consent must be transmitted to both the person or entity seeking the Personal Name Registration and to the ICANN-Accredited Registrar that sponsors the Defensive Registration.

(4) The ICANN-Accredited Registrar shall notify Registry Operator of such consent within three (3) days of receipt, using the appropriate protocol as developed by Registry Operator.

(5) The Defensive Registrant may not accept any monetary or other remuneration for such consent.

(6) If a Defensive Registrant consents or, in the case of multiple or overlapping Defensive Registrations, all the Defensive Registrants consent, to a Personal Name Registration in accordance with this Subsection, then (i) the person or entity seeking the Personal Name Registration will receive the requested Personal Name Registration, (ii) such consent shall not constitute a successful challenge; (iii) such Defensive Registrant(s) shall not receive a "strike" against the Defensive Registration(s) for the purposes of Subsection 2(h)(v)(5) below, and (iv) the Defensive Registration(s) will continue in full force and effect.

(iii) If there are multiple registrants holding identical or overlapping Defensive Registrations that conflict with a proposed Personal Name Registration, then the consent process shall proceed as follows:

(1) All such Defensive Registrants must consent to the Personal Name Registration before it may be registered.

(2) If all such Defensive Registrants consent, then the provisions of 2(g)(ii)(6) shall apply.

(3) If fewer than all of the Defensive Registrants consent, then all of the Defensive Registrants (consenting and non-consenting) will be subject to consolidated ERDRP proceeding if a proceeding is initiated and each must pay the full amount of any required challenge fee into escrow.

(4) If the ERDRP proceeding is resolved in favor of the challenger, then all of the Defensive Registrants (A) shall be liable to pay a pro rata share of the challenge fee, which will be deducted from the Defensive Registrants' challenge fee paid into escrow, (B) shall receive one "strike" against their Defensive Registrations for the purposes of Subsection 2(h)(v)(5) below, (C) the remedies described in Subsections 2(h)(v) and 2(h)(vi) shall apply.

(5) If the ERDRP proceeding is resolved in favor of the Defensive Registrant(s), then the provisions of Subsection 2(h)(vii) shall apply.

(h) Challenges to Defensive Registrations.

(i) A Defensive Registration may be challenged by any person or entity pursuant to the ERDRP.

(ii) If a challenger seeks to register a Personal Name that conflicts with a Defensive Registration(s) that is held by more than one registrant, the challenger must name all such Defensive Registrations and Registrant(s) as parties to the ERDRP proceeding. In the event that a challenger decides to seek consent from one Defensive Registrant, the challenger must seek consent from all of the affected Defensive Registrant(s).

(iii) Upon the commencement of an ERDRP challenge to a Defensive Registration(s), all Defensive Registrant(s) and the challenger shall pay required challenge fees into escrow, in accordance with the procedures described in the ERDRP and any supplemental rules established by a dispute resolution provider. See Appendix M for details.

(iv) If any Defensive Registrant does not submit its challenge fee into escrow as required under the ERDRP, then the ICANN-Accredited Registrar sponsoring such Defensive Registration shall cancel that Defensive Registrant's Defensive Registration. Such cancellation shall not affect other Defensive Registrants that have identical or overlapping Defensive Registrations and have paid the required challenge fee into escrow.

(v) For all successful challenges to Defensive Registrations:3

(1) The Defensive Registrant shall receive no refund of the challenge fees paid into escrow for the challenge. See Appendix M for details.

(2) The challenger shall receive a refund of the challenge fees paid into escrow for the challenge.

(3) The Registry Operator will not refund any registration fees for the Defensive Registration in the event of cancellation.

(4) If the challenger meets the Eligibility Requirements, then he, she, or it may request a Personal Name Registration that conflicts with or otherwise would have been blocked by the Defensive Registration.

(5) If the challenge was to a second or third level Defensive Registration, the Defensive Registration will receive one "strike" and the Defensive Registration will otherwise continue in full force and effect, subject to Subsection 2(h)(vi) below, provided that if the Defensive Registrant of either a second level Defensive Registration or third level Defensive Registration receives three "strikes" against the same Defensive Registration, then the dispute resolution provider shall instruct the ICANN-Accredited Registrar (or ICANN-Accredited Registrars, in the case of challenges against multiple Defensive Registrations as required by Appendix M) sponsoring such Defensive Registration(s) to cancel the Defensive Registration(s).

(6) If the challenge was to a combined second and third level Defensive Registration, and the challenger meets the Eligibility Requirements, then the dispute resolution provider shall instruct the ICANN-Accredited Registrar sponsoring such Defensive Registration to cancel the Defensive Registration.

(vi) In the event of a successful challenge to a particular Phase I Defensive Registration on the basis that the Defensive Registrant did not meet the requirements described in Subsection 2(b) above, then (A) the Phase I Defensive Registration will be cancelled, and (B) other Phase I Defensive Registrations in the name of the Defensive Registrant shall be reviewed for compliance with the Eligibility Requirements according to Paragraph 5(f)(iii) of the ERDRP.

(vii) If a challenge is unsuccessful, then:

(1) the Defensive Registration(s) will continue in full force and effect;

(2) the challenger will not be permitted to obtain the Personal Name Registration that was blocked by the Defensive Registration or receive a refund of the challenge fees paid into escrow; and

(3) the Defensive Registrant will receive a refund of the challenge fees it paid into escrow.

(i) Role of Registry Operator. Challenges to Defensive Registrations will not be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular Defensive Registration is registered or used in compliance with the requirements set forth in this Appendix. Proceedings under the ERDRP must be brought in accordance with the policies and procedures set forth in Appendix M.

(j) Role of ICANN-Accredited Registrar. The ICANN-Accredited Registrar sponsoring a Defensive Registration shall be responsible for (i) causing all Defensive Registrants to agree to the terms of the ERDRP and the UDRP, and (ii) implementing remedies under the ERDRP and UDRP according to the terms of those policies. That registrar shall be the primary contact for all disputes relating to such Defensive Registration and shall be responsible for communicating any instructions from a dispute resolution provider to Registry Operator.

3. Reservation

Registry Operator reserves the right to transfer or cancel any Registered Name or SLD e-mail (a) for violations of the Registry Agreement and its Appendices, (b) to correct mistakes made by Registry Operator or any Registrar in connection with a domain name or SLD e-mail registration, or (c) avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors and employees. ICANN-Accredited Registrars registering names in the .name TLD agree to comply with ICANN standards, policies, procedures, and practices limiting the domain names that may be registered, and the applicable statutes and regulations limiting the domain names that may be registered.

4. Disclaimer

The provisions of this Registry Agreement (including Appendices L and M) shall not create any liability on the part of Registry Operator to any person or entity other than ICANN in connection with any dispute concerning any Registered Name, SLD E-mail Address, or Defensive Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.


Notes:

1. This summary of the consequences of ERDRP proceedings is included here for convenience only. See Appendix M for an authoritative statement of the operation of the ERDRP.

2. The UDRP is authoritative and the description provided in this Appendix is a restatement for convenience.

3. This summary of the consequences of a successful challenge to a Defensive Registration is provided for convenience only. See Appendix M for an authoritative statement of the rights and remedies available via the ERDRP.


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